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(영문) 서울중앙지방법원 2019.05.23 2018나74268
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded each insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded each insurance contract with respect to the automobile D (hereinafter “Defendant”).

B. On December 7, 2017, around 18:34, the Defendant’s vehicle had a collision with the Plaintiff’s vehicle, which was directly engaged in green signals in the middle of entering the entrance road in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Incheon (hereinafter “instant accident”).

C. On December 29, 2017, the Plaintiff paid KRW 4,874,750 in total to E Company, etc. at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground for recognition] The fact that there is no dispute or the defendant does not clearly dispute, the entry of Gap evidence No. 2 (payment of repair cost), the purport of the whole pleadings

2. Determination

A. According to the premise of the above recognition, it is apparent that the Defendant’s driver is liable to compensate for the damage caused by the instant accident, and the Defendant does not challenge this.

Therefore, the following should be considered only for the ratio of liability of Defendant vehicle and the amount of indemnity.

B. The following facts are acknowledged in full view of the facts acknowledged prior to the liability ratio and the abbreviations, videos, and videos of Gap evidence Nos. 3, 4, and 9.

① Before the Plaintiff’s vehicle enters the intersection, the Defendant’s vehicle starts with the direction of left turn at the opposite direction (the Plaintiff asserted that the Defendant’s vehicle was proceeding without turning on the direction direction, etc., but according to the screen image of the evidence No. 9, the Defendant’s vehicle was proceeding with the direction direction, etc.) and entered the intersection.

② At the time when the Defendant’s vehicle starts the left-hand turn as above, the Plaintiff’s vehicle passes the three-lanes of the three-lane road (excluding the two-lanes separated from the traffic island), and there was a method different from the front stop line.

Plaintiff .

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